| 840 Realty, LLC v Samantha Andrews |
| Motion No: 2015-01626 KC |
| Slip Opinion No: 2016 NY Slip Op 66277(U) |
| Decided on February 24, 2016 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| 840 Realty, LLC, Respondent, v Samantha Andrews, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 30, 2015, and to vacate a stay granted by decision and order on motion of this court dated September 21, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking to vacate the stay contained in the decision and order on motion of this court dated September 21, 2015 is denied on condition that the appeal be perfected on or before May 6, 2016, and within 10 days from the date of this decision and order on motion appellant pay to respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as appellant's share of the rent, and continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk